LivindonSouth
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You cannot change the rule after you announce their entitlement. Read the Act. You must announce these things up front, in your first letter.
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That was Bill Clinton's pipe dream. I think he had cats in mind, in fact. He always had 'that' on his mind in one form or another. x;-)
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You can also email the offices of Ted Kennedy, Barney Frank, Barack O'Bama, Patrick Leahy, Barbara Boxer, Hillary Clinton and Nancy Pelosi. All of those, and a handful of their compatriots have proposed expanding the Act to further burden the employ…
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"The individual is protected while on FMLA." One final comment. The individual only has job protection while on FMLA. There is no other protection granted by the Act. And, the employer is prohibited from treating him or her differently while in tha…
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A Rains: My post, number 15, found its way to the trash heap, but I see you did respond to it. It is never a good idea to forgo an evaluation if your policy and practice call for them, unless, as I suggested, the employee has not worked a sufficient…
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We have decided to place a statement in the employee's file that the evaluation will be completed at a later date, once they have returned to their normal schedule and duties. Thanks for your input. My evaluation of your decision is that you have…
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[font size="1" color="#FF0000"]LAST EDITED ON 05-27-05 AT 09:17PM (CST)[/font][br][br]PoRK: Your posts make less and less sense. Reread your own post. You started off by recommending the review NOT be done. Then you spent several paragraphs recommen…
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Hold on there PoRk. On one hand you recommend not proceeding with the performance evaluation, then you go on at length about evaluating him and confronting his performance failures. Can you get off the fence please?
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Exactly! You would be building a very strong case against yourself for FMLA retaliation if you so much as mention the intermittent leave on an evaluation. The only time, in my opinion, that FMLA should impact an evaluation at all is when you push th…
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Help me understand how the two relate.
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I appreciate the remarks; but, I really wasn't worried about having set a precedent. Often we're so close to a situation and so wrapped around the axle in the middle of what we're doing that we can't step back and properly evaluate it. I find myself…
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He reported to my office at 2:30 for his 3:30 shift and thanked me for my intervention. He confirmed that he had not seen daylight for six days and felt great getting out of the house. I had already asked the EAP counselor if she thought I should …
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The drug test would never be recordable anyway since it is not regarded as a medical procedure.
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The lady asked for a reference section in the act wherein the three day test would not apply, or so I understood her. I'm not parsing boxes and which thought the doctor may have had or not. I merely laid out circumstances that dispel the popular not…
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Lorrie: Here are a couple of scenarios which might equal FML even in the event of it NOT involving more than three days: Example 1) The dental patient has been treated for several years for gum disease and now has had surgery to remove two teeth an…
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That is incorrect. The absence does not have to be three days if the other factors kick in, such as one night in the hospital or a regimen of treatment following a visit and followup. What's this about the prescription not being filled? Who would kn…
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Garth is correct. Don, no initials.
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Be careful about the level of credence and 'knee-jerk' you assign to the guidance of the EEOC suggestion papers.
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Kathy: check your private inbox for an explanation.
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"Do I understand correctly that this employee does not need any further certification from her physician for an ADA accommodation? Currently this employee must miss work periodically due to her condition. Am I now not allowed to ask for further docu…
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Great question. Yes, the company can do what you propose. Do you guys already have a policy regarding LOA or a past practice of granting them? It's not really that important that you have either, just important to consider not deviating from establi…
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We did virtually the same during and following Katrina. Did not even consider applying the attendance policy. Additionally, any exempt who for reasons of personal or family safety or tragedy had to miss a couple of days after we reopened, we ignored…
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As Geno outlines below, the FLSA intends that you NOT have the illegal practice of counting up or tallying exempt hours over 40 and turning around and granting that number off. That can jeopardize the exemption as quick as anything. That's the rea…
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Exempt? The DOL has no concern about how many hours per week an exempt works, only that you pay them the guaranteed amount. You mention comp time in your subject line but not your question. The FLSA specifically does not allow the accumulation of co…
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"he personally instructed each group and sat with several employees with mental limitations to assist them in replying". I'd like to hear more about how he sat with the mayor and director of parks and recreation. x:-)
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You paid five thousand dollars to survey 90 employees? Do you realize that was $55 per employee for an opinion poll that you already knew the results of prior to the survey? This must be a government enterprise! This type of budgeting would not ever…
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That's good news! PIPs are not that widespread in use and many companies would not allow them. At least your company allowed you to develop and implement one.
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"The way I look at it, an employee should be provided a copy of anything that is placed in their personnel file." Well, not quite 'anything'. We have personnel files that are three inches thick. I would say anything related to discipline and evalua…
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I agree with Whatever. I would love to be the attorney for the terminated employee who did not receive a copy of his P.I.P. And I never understood the thought process of a company that did not give the ee a copy of their review or a disciplinary do…
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Good point. I forgot to add that although we did not pay hourly wages for whole days not worked, we totally shelved our attendance policy for over a week.